The link to definitions "www.hss.energy.gov/hss/references/security/FV&A/unclassified_foreign_visits_and_assignments_program_definitions.pdf" in section 7 of the order and section 5 of the contractor requires is broken. Also was unable to find reference cited in weblink from the DOE Office of HSS page where broken link was redirected. Thanks Sam

Paul Guss
says:

May 14, 2015 07:50 PM

1. The web link is broken for Section "5. Definitions" of Attachment 1 (bottom of Page 7). It would be helpful if you could specify a web link that works.
2. There are multiple definitions of "Foreign National" appearing in the DOE Orders and CFRs. It would be extremely and immensely helpful if the DOE Orders and CFRs all used the identical definition for "Foreign National". For instance, since DOE Secretary Moniz just a couple months ago issued a new definition for "Foreign National" in 10CFR810.3 (effective March 25, 2015), I assumed that new definition was DOE complex-wide. However, my security officer tells me that the definition in DOE O 142.3A for "Foreign National" is different from what was used by the U.S. Secretary of Energy in 10CFR810.3. Since the web link in your document is broken, I am unable to verify and inform myself on this matter directly. However, it is most relevant to my DOE work which subcontracts university professors and students. My procurement office requires no "foreign nationals" are permitted to assist me on my DOE project because our security office says DOE O 142.3A will not permit "foreign national" involvement. Yet according to US Law 8 U.S.C. 1324b(a)(3), where national security (and export control) is not a factor, one cannot perform discrimination in the employment, for hire, or contract award sphere on the basis of race, nationality, birth place, and so on as you well know. Therefore, this DOE O 142.3A is a cause of confusion because of its different definition for "Foreign National" from what Secretary Moniz used in 10CFR810.3. Which definition takes precedence--Secretary Moniz and 10CFR810.3 or does the DOE O 142.3A definition take precedence? Which rule takes precedence for hiring vendors and subcontractors for open source publishable (non-classified) subcontract support work---U.S. Employment Law (i.e. U.S. Law 8 U.S.C. 1324b(a)(3)) or does DOE O 142.3A take precedence? Finally, and most importantly, is the definition in DOE O 142.3A ever going to be revised to the "Foreign National" definition used by Secretary Moniz, 10CFR810.3, and U.S. Law (i.e. U.S. Law 8 U.S.C. 1324b(a)(3)), thereby comporting with the latest update to Title 8, or is the plan to permanently have the definition in this DOE O 142.3A always be different, unique, and disagreeing with the remainder of the USG (i.e. Sec Energy, US Law, CFRs, Title 8, etc.)?

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